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Kishore Goud (author)     31 December 2013

Agreement by a company

I am an author and I used to work for a company. Recently, I left this company and they forced me to write an agreement that says, "I will not author books competing with their titles". This agreement was on a company letterhead. I wanted to know how strong this agreement is. Also, I have no other source to live. My bread and butter is authoring. What should I do. Please suggest me.



Learning

 5 Replies

Kumar Doab (FIN)     31 December 2013

Indian courts have consistently been declining to enforce Non Compete Clauses/agreements post termination of employment as it hits Indian Contract Act and right to livelihood and earning............................

 

 

However it shall be appropriate to show the copy of document you have signed to a competent and experienced lawyer specializing in such matters as the lawyer that has gone thru each statement and language can advise you the best.

 

In the meantime you may find the attachments relevant.

 

 

 


Attached File : 293884467 417759075 validity of employment bonds.pdf, 293884467 background paper.pdf downloaded: 83 times
1 Like

Biswanath Roy (Advocate)     01 January 2014

Over and above the opinion of Mr. Doab I need add here that if you write upon a company' letter head it will be treated as merely your assurance which under no circumstances can override upon your fundamental and constitutional right.

1 Like

T. Kalaiselvan, Advocate (Advocate)     02 January 2014

Please obtain a legal opinion from a lawyer and then proceed with the matter.

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     02 January 2014

for: Kishore Goud

Any Agreement cannot be made on a Company Letter Head.
Only Service Terms & Conditions, can be defined on a company letter head.
Agreement made on a company letter head, is null & void.


Since you have resigned from the company, you can safely junk away such agreements made on company letter heads,  AND move ahead with your profession.


Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar
 

1 Like

Kishore Goud (author)     03 January 2014

Thank you all for your help and wish you a very happy new year.


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